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The VA recently began sending out letters to veterans in receipt of a total disability rating (100 percent) based on individual unemployability (IU) that detail the department's new process for verification of employment status. The letters include some confusing language that the VA is working to clear up.
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For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout
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Judges blast the VA for “doing everything it could” to limit ER bill reimbursements to veterans.
The VA is facing a class action lawsuit alleging
it has failed to follow the law – and an earlier
court ruling – requiring the government to
reimburse veterans for emergency medical bills
not already covered by insurance.
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)
Veterans' disability benefits are compensation for
the veteran's impaired earning capacity and are intended to "provide reasonable and adequate compensation for disabled veterans and their families." They are not supposed to be for the sole support of the veteran, but can be counted in child support calculations to provide for the veteran's dependents as well. If the veteran wasn't disabled, he would be earning an income upon which the court would base child support; since disability benefits replace that income, child support can be based upon it.
When does SEP recommend a Disability Benefit Questionnaire (DBQ)?
The forecast for your VA, today!
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Thousands of veterans already waiting for years for their disability benefits will have to wait a few months longer.
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Government Accountability Office
The VA updated their Blue Water page.
So, what does this realistically all mean?
VA’s is taking no action on any of these claims until Jan 31, 2020, at a minimum.
VA has to figure out Congressional intent in the recent Blue Water legislation and harmonize that legislation in light of the Procopio court decision—the two matters do not read exactly the same, so it has to be figured out.
I would expect VA to appoint one Regional Office as the center for expertise on these filings, like VA does for radiation claims and similar matters. They also have to establish a defined 12 mile territorial limit and compare against US vessels in that area during that period of time, so they can update their ship listing.
No way of ascertaining yet as to retroactive benefits as was done for other Agent Orange veterans who VA knew had health issues but hadn’t filed claims until after the fact. This was the under the Nehmer case in which certain veterans had effective dates of claims adjusted back for an earlier effective date. That question will probably have to be litigated down the line as it applies to Blue Water Navy unless VA develops an internal policy or agrees to apply Nehmer as to these new cases.
Bottom line: a time of uncertainty is in front us as to Blue Water claims—have patience and be prepared to wait. That’s simple being realistic, like it or not.
Delay, Deny, Until They ALL Die!
The Law Offices of David Anaise, MD JD
Board Certified Physician/Surgeon Accredited Veterans Law Attorney Military Veteran
DRO, BVA, CAVC Appeals Nexus Letters Independent Medical Opinions
Has Your Claim Been Denied? Do you need an IMO or a DBQ?
The sweeping bill promised prosperity to veterans. So why didn’t black Americans benefit
The New VA Portal
Your VA is well known in the Internet publishing industry for having the worst possible jumble of loosely or not at all connected web sites anywhere. It isn't much better today than it was 10 years ago but there are a few areas where progress has been made and we like what we see. We're going to link to a few of those topics that we think will be most helpful, these are the links I use day to day and have had success with.
Know this: We've played around on a smartphone and a couple of pads and we're convinced that to take advantage of the newest, latest and greatest from VA you're going to need a desktop or laptop with a fairly high speed connection. There's just too much data to transfer and display on a tiny screen. You'll have to get a secure user ID before you can do anything so get to a real computer. If you don't have access to a computer, do what I did back in the day...go to a public library and use theirs for free.
Have a look at the links we'll provide and let us know what you think.
VA loan limits to be lifted in 2020
VA says lender guidelines will be released
ahead of January effective date
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Julie L. Glover, Veterans Law Attorney GLOVERLUCK Adam R. Luck, Veterans Law Attorney
Unemployability (TDIU) Appeals, Agent Orange Exposure, Death Benefits, PTSD & Mental Health Appeals,
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Find out how to check the status of a
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United Heroes League keeps military families healthy and active through sport
You’re still eligible for VA mental health care
An arm of the Veterans Affairs Department in Atlanta eliminated 208,272 applications from across the
country for health care early this year amid
efforts to shrink a massive backlog of requests, saying they were missing signatures or information about military service and income, according to records reviewed by The Atlanta Journal-Constitution.
There Are Protections...When it comes to debt collection, disability income enjoys special status.
Has VA medical care caused you an injury or other harm?
You can sue the VA for medical malpractice but it's a complex process and you'll want lawyers who have
done this successfully in the past. There are strict time limits and draconian regulations to follow.
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VAWatchdog Dot Org
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The VA has done these barbaric tests for decades with no discernible benefits in many years. It should stop hurting dogs and start helping veterans.
VA Mishandled Dead Vet's Discharge
ABUSING THOSE WHO SERVED
Veterans Affairs Police Are Supposed to “Protect
Those Who Served.” They Have a Shocking Record
of Brutality and Impunity.
Post-9/11 GI Bill Statement of Benefits
Owe VA Money???
Answers to the top five questions about urgent care
The platform connects veterans with their health care team using encryption to ensure a secure and private session, and vets can access Verizon's nationwide 4G LTE network without incurring data charges.
BVA/DRO Appeals - Fiduciary & Caregiver Issues, Trusts, Wills
Appeals of Veterans & Survivor Claims
How to download VA benefit letters
To receive some benefits, Veterans need a letter proving their status. Access and download your VA Benefit Summary Letter (sometimes called a VA award letter) and other benefit letters and documents online.
The Veterans Health Administration (VHA) is the component of the United States Department of Veterans Affairs (VA) led by the Under Secretary of Veterans Affairs for Health that implements the healthcare program of the VA through the administration and operation of numerous VA Medical Centers (VAMC), Outpatient Clinics (OPC), Community Based Outpatient Clinics (CBOC), and VA Community Living Centers (VA Nursing Home) Programs.
The VA has said the incident has already been investigated by federal law enforcement,
and its officers have been cleared of wrongdoing.
Scheduled For A C & P??? Filing A Claim?
I've been posting this again and again over the years and it's still one of the best ways I know to win your case. Published in 2002 the principles and much of the verbiage still applies and is in daily use at the VA.
We’re there to provide comfort during difficult times
Overpayment? VA proposing to claw back money from your benefits? Submit a Compromise Offer to the Debt Management Center.
"If you are unable to pay the debt in full or clear the debt in a reasonable timeframe through monthly payments, we can consider a compromise offer. A compromise means we can accept a lesser amount of money as full settlement of your debt."
There is no substitute
for the veteran claimant who is involved and informed. Once you've learned how the system really works, filing correctly...getting it right the first time...isn't that hard to do. Educate yourself by reading what the experts have to say.
VA Form 21-526EZ
Disability Service Connection
Secondary Service Connection
Temporary Total Disability Rating
Compensation under 38 U.S.C. 1151
Special Monthly Compensation
Special Home Adaptation
Benefits Based on a Veteran's
Seriously Disabled Child
How to Fight VA Debt
Military members know that when DoD gives
you too much money, it will come back for it.
The VA is similar, but the system is worse.
DEA - Chapter 35
Am I eligible for an advance payment of my education benefits?
What is Special Restorative Training?
How to file a VA disability claim
Find out how to file a claim for disability compensation
or increased disability compensation.
How do I prepare before starting my application?
Additional information needed to support claim
Direct Deposit - May I apply by telephone?
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Hey Jim...can you help?
I'm a veteran from Desert Storm. I live in an assisted living facility in FL. I've been living here since 2011. Since I moved in I've been harassed, abused, and robbed by my neighbors in and out of the apartment.
My husband served in the Army and has passed away. Can I, his wife, go to the Army base and have my will made out? I didn't know if I could since he is longer living.
I'm messaging you on behalf of my husband. Last night I had to bail my husband out of jail, he had a warrant out for his arrest. Because, a little over a month ago he had a PTSD attack, with suicidal thoughts. (Combat Veteran, in Syria, less than two years ago)
My ex husband get VA benefits he gets over $3,400 and now brags he gets even more. He is supposed to pay $400 once a month and he can't even do that and taunts me how he can't be touched or his VA benefits.
I am 100 percent Disabled unable to work. While waiting for this decision, I was on Disability SSI which rolled over to social security after i turned 65. Am collecting both now. Do I have to give up one or the other ?
My son's mother applied for a state benefit assistance in Michigan and they asked if she was living with me and she said no and now they're coming after me will making me go to court to decide how much child support I should pay for her.
Shortly after I got a medical discharge, I got pregnant. The VA stated they would pay all expense plus delivery and 6 weeks after delivery, however they never paid anything. She was born early and thankfully only stayed in hospital 11 days. However it raked up $76,000 in debt.
Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits
You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.
Email Jim your question for a quick and confidential reply. firstname.lastname@example.org
Upload evidence to support your disability claim
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
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IMOs - IMEs - Nexus Letters - DBQs
Statements In Support Of Claims - Record Reviews
In most cases you must prove the claim that you make. If you claim that you injured your knee in basic training but your medical records lack substantive support, you'll likely need the opinion of an expert who is experienced in disability medicine. The opinion may come in many forms, the IMO is the most common today. Disability Benefits Questionnaires (DBQs) are required and if you don't offer your DBQ completed by an expert of your choosing, VA will have one completed for you by their examiner at a C & P exam. You may guess which will be more favorable to you.
Statements In Support Of Claims or Buddy Letters have little value unless they are very specific by a credible witness. A credible witness might be a battle buddy who was with you when you took mortar fire and you witnessed violent death up close and personal. Your mom, your spouse, your pastor and high school teachers who support you because you've always been a good citizen aren't credible witnesses. What's your spouse going to say? VA knows all about bias, even if it isn't outright.
You need an expert. If you submit a favorable IMO with your claim, you are much more likely to prevail with little or no fuss and no appeal! Go for it!
Disabled veteran's home sold at
auction over $236 tax bill
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10 Jaw-Dropping Stats About Social Security
You'll never guess how efficient Social Security is
or what the maximum monthly benefit is.